Public-domain · open source
OpenJurist

Indication

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In the law of evidence. A sign or token; a fact pointing to some inference or conclusion.

Burrill, Circ. Ev. 251, 252, 263, 275.

INDICAVIT (Lat. from indicctre, to show). In English practice. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living.

3 Bl. Comm. 91; 3 Steph. Comm. 711.

So termed from the emphatic word of the Latin form.

Reg. Orig. 35b, 36.

INDICIA (Lat.) Signs; marks. Conjectures which result from circumstances not absolutely certain and necessary, but merely probable, and which may turn out not to be true, though they have the appearance of truth. The term is much used in the civil law in a sense nearly or entirely synonymous with "circumstantial evidence." It denotes facts which give rise to inferences, rather that a thing may be, not that it has been. An indicium can have effect only when a connection is essentially necessary with the principal. Effects are known by their causes, but only when the effects can arise only from the causes to which they are attributed. When several causes may have produced one and the same effect, it is therefore unreasonable to attribute it to any particular one of such causes. The term is much used in common law of signs or marks of identity. For example, in replevin it is said that property must have indicia, or ear marks, by which to distinguish it from other property of the same kind. So it is much used in the phrase "indicia of crime," in a sense similar to that of the civil law. INDICIUM (Lat.) Singular of indicia (q. v.).

In civil law

A sign or mark; a species of proof, answering very nearly to the "circumstantial evidence" of the common law. Best, Pres. p.

13, § 11, note; Wills, Circ. Ev. 34.